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Book Description

Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law. While its legal corpus grows daily, environmental law has not enjoyed the kind of jurisprudential underpinning generally found in other branches of law. This book forges a new ecological jurisprudential foundation for environmental law – where ‘ecological' is understood both in the narrow sense of a more ecosystemic perspective on law, and in the broad sense of critical self-reflection of the mechanisms of environmental law as they operate in a context where boundaries between the human and the non-human are collapsing, and where the traditional distinction between ecocentrism and anthropocentrism is recast. Addressing current debates, including the intellectual property of bioresources; the protection of biodiversity in view of tribal land demands; the ethics of genetically modified organisms; the redefinition of the 'human' through feminist and technological research; the spatial/geographical boundaries of environmental jurisdiction; and the postcolonial geographies of pollution – Law and Ecology redefines the way environmental law is perceived, theorised and applied. It also constitutes a radical challenge to the traditionally human-centred frameworks and concerns of legal theory.

Table of Contents

1. Looking for the Space between Law and Ecology, Andreas Philippopoulos-Mihalopoulos 2. Towards a Critical Environmental Law, Andreas Philippopoulos-Mihalopoulos 3. Foucauldian Inspired Discourse Analysis: A Contribution to Critical Environmental Law Scholarship?, Bettina Lange 4. The Ecological Narrative of Risk and the Emergence of Toxic Tort Litigation, Jo Goodie 5. The Precautionary Principle: Practical Reason, Regulatory Decision-Making and Judicial Review in the context of Functional Differentiation, John Paterson 6. Biotechnology as Environmental Regulation, Alain Pottage 7. Perspectives on Environmental Law and the Law Relating to Sustainability: A Continuing Role for Ecofeminism?, Karen Morrow 8. Animals and the Future Salvation of the World, Piyel Haldar 9. Seeking Spacial and Environmental Justice for People and Places Within the EU, Antonia Layard and Jane Holder 10. Heterotopias of the Environment: Law’s Forgotten Spaces, Andreas Kotsakis 11. Deleuze and the Defence of Nature, Mark Halsey